Appeal No. 2001-1384
Application No. 08/726,229
Kavassalis is not within the same field of endeavor as the
present invention, directed, instead, to the field of producing
colored particles, such as used in electrostatic toners for color
photocopiers and printers, and for other colorants. Appellants
point out that there is no mention in Kavassalis of any
applicability to the field of integrated circuit fabrication,
much less to a method of forming a DRAM cell.
Moreover, appellants argue that Kavassalis is not even
reasonably pertinent to the particular problem with which the
inventors were involved since appellants were addressing
limitations in the formation of micro-villus patterned DRAM
cells, particularly in optimizing the increase in surface area of
the DRAM capacitors, and Kavassalis is not even remotely directed
to this problem.
Since Kavassalis is not directed to analogous art, argue
appellants, it may not be properly applied in a combination of
references in order to reject the instant claimed subject matter.
Even though appellants, themselves, refer to the Kavassalis
reference at page 11 of the instant specification, for the
purpose of describing a technique for forming a microemulsion, we
agree with appellants that Kavassalis would appear to be a non-
analogous reference to both the instant claimed subject matter
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